HOW A BILL BECOMES A LAW A Description of the Indiana Legislative Process With a Glossary of Terms © 2018, Indiana Chamber of Commerce, 115 West Washington St., Suite 850S, Indianapolis, IN 46204 HOW A BILL BECOMES A LAW The diagram below indicates the steps by which a bill introduced in the Senate or the House of Representatives becomes a law with possible actions at each step. Bills may originate in either house of the General Assembly except for revenue-raising bills, which must be introduced in the House of Representatives. (The Indiana Chamber of Commerce hereby grants permission to duplicate this diagram). Indiana Chamber of Commerce p 317-264-3110 115 West Washington Street, Suite 850S f 317-264-6855 Indianapolis, IN 46204 www.indianachamber.com HOW A BILL BECOMES A LAW IN INDIANA If you should someday choose to run for a seat in the Indiana General Assembly, there are certain “ground rules” you will want to know. First off, the Indiana State Constitution requires that you be a citizen of the United States and a resident of Indiana for at least two years. You will declare your political party affiliation and file your candidacy with the Indiana secretary of state. Then you will face two elections – first a primary election to determine your party’s legislative nominees, followed by the general election in which membership in the General Assembly is finally determined. If you seek a seat in the House of Representatives, you must be at least 21 years old and, if in the Senate, at least 25 years old at the time of the general election. The General Assembly meets in regular session annually, but work must be completed no later than April 29 in odd-numbered years and no later than March 14 in even-numbered years. Between sessions, legislators serve on special study committees probing into subjects likely to be considered by the Assembly’s next session. Special legislative sessions may be called by the governor. Indiana has a “citizen legislature”; lawmaking is not a full-time profession and most legislators make their living at other occupations. The most common occupations of Indiana legislators are business owners or operators, teachers, attorneys and farmers. But the Assembly’s membership has included persons from nearly every conceivable occupational group in Indiana. A legislator who wants a bill drawn up submits a request to the Office of Bill Drafting and Research of the Indiana Legislative Services Agency. The legislator might have called upon governmental officials, private citizens or non-governmental groups for information to help determine the potential effect of the proposed bill on certain social or economic segments of the population or in a particular governmental area. Representatives of outside groups who register with the Indiana Lobby Registration Commission to consult with legislators are called “lobbyists.” They work to get a legislator’s support of, or opposition to, bills of interest to them. There are more than 1,200 registered lobbyists in the state of Indiana. They represent business and industry, farmers, labor unions, teachers, veterans, women, professional and religious organizations, local governmental officials and many other groups. Veteran legislators look upon lobbying as a constructive adjunct to the legislative process because of specialized information the lobbyists may have that will help the lawmakers do a better job. HOW BILLS PASS First Reading – Each bill presented by a legislator is first read by title in the house of its origin. At this point, either the speaker of the House or the president pro tempore of the Senate (depending on which chamber is the house of origin) refers the bill to a committee. Committee Action – The committee’s responsibility is to consider the merits of a bill and determine whether it can be improved by amending the language or by making additions or deletions. It is required that committee schedules be posted on House and Senate bulletin boards. Committee hearings are open to the public so that interested parties may speak on the measures being heard. The committee’s final action is to report the bill back to the legislative body with the committee report. If the committee report is adopted, the bill is printed and ready for further action. Second Reading – When the bill is brought up for second reading, it is ready for “amendment, recommitment or engrossment.” At this point it can be recommitted to a committee for further study, or legislators have an opportunity to propose amendments. Amendments must win the approval of a majority of the legislators present and voting in order to be accepted. The bill is then “ordered to engrossment.” This means that with its amendments the printed bill is authenticated as being accurate and genuine. If the amendments are extensive or complicated, the bill may be reprinted at this time. Third Reading – The engrossed bill is again called up to be read. After the reading, legislators have an opportunity for debate on its merits before the final vote is taken. It must receive a constitutional majority, meaning 51 “aye” votes in the House of Representatives or 26 “aye” votes in the Senate, before it is passed. Approved bills are sent to the other chamber, where the entire process will be repeated. Indiana Chamber of Commerce p 317-264-3110 115 West Washington Street, Suite 850S f 317-264-6855 Indianapolis, IN 46204 www.indianachamber.com Conference Committee – If the bill passed by one chamber is then amended by the other, the amendment(s) must be agreed to by the first chamber before the legislative process can be completed. Should the first chamber dissent (refuse to give its consent), a conference committee of two members from each house is appointed to work out a version of the bill that will be satisfactory to both houses. All four members must sign the conference committee report and it must be favorably voted on in both houses. Once this has been accomplished, the bill goes to the governor for signature. Governor’s Action – The governor sends every bill received to the attorney general for examination to see if its content is legally acceptable. The last step in the enactment process is for the governor to sign the bill or to let it become law without signature. Bills become effective on July 1 of the year they are enacted unless a different effective date is specified in the bill. HOW BILLS FAIL First Reading – Either house has the authority to vote not to receive a bill on its introduction (first reading). Also, a motion for indefinite postponement or to table the bill may be made from the floor at any time throughout these steps. If approved, either of these motions has the effect of preventing any further progress. Committee Action – The committee to which a bill is referred can kill it simply by refraining from acting on it. (The bill can be forced out of committee by bringing the issue before the entire legislative body, but this rarely occurs.) Second Reading – A motion for indefinite postponement or to table sometimes is made from the floor at this point in the process. Attempts also may be made to amend the bill in such a way that it will stand less chance of passage. Third Reading – A bill can win approval of more than half the legislators voting on it and still falter at this point through failure to gain a constitutional majority – meaning 51 “aye” votes in the House of Representatives or 26 “aye” votes in the Senate. A bill which has simply failed to win a constitutional majority can be called up again for another vote. If it has been defeated by a constitutional majority, however, it cannot be considered again during that session. A bill which reaches the second house is subject to all the opportunities to succeed or fail which exist in the house of origin. Conference Committee – A bill which survives both houses but is amended in the second chamber in a manner unacceptable to the house of origin must go to a conference committee consisting of two members appointed from each house. The committee members attempt to reach an agreement that will be acceptable to legislators in both chambers. All four members of the committee must sign the conference committee report and it must be approved in both houses. Bills sometimes die because no such agreement can be reached. Governor’s Action – The final obstacle to a bill passed by both houses is a veto by the governor. The veto can be overridden, but it requires a constitutional majority of both houses to do so. The governor has seven days in which to act on a bill that has been passed by both houses. If the governor neither signs nor vetoes the bill within that period, it becomes law without signature on the eighth day. Mortality Rate – On the average, a bill is more likely to fail than to succeed. Only two to three of every 10 measures introduced successfully run the legislative gauntlet to become law. Why is this so? Generally speaking, a bill fails for one of three reasons: 1) the bill lacks intrinsic merit to the point of failing to gain sufficient support; 2) the bill attracts powerful opposition or generates strong disagreements; or 3) the bill gets stalled somewhere in the legislative machinery and fails to regain momentum in time to be enacted. Information on bills, amendments, roll call votes, committee schedules, legislative calendars and more are available through the Indiana General Assembly web site (www.iga.in.gov) or from the Legislative Services Agency Public Information Office, Room 230, Statehouse, Indianapolis, IN 46204.